BASIC LEGAL ETHICS (3-4)

1. Due to the number of case handled by Atty. Santos, he failed to file a notice of change
of address with the Court of Appeals. Thus, he was not able to file an appellant’s brief
and the case was consequently dismissed. Aggrieved, Atty. Santos filed a Motion for
Reconsideration of the resolution dismissing the appeal and to set aside the entry of
judgment on the ground that he already indicated in his “Urgent Motion for
Extension of Time to File Appeal Brief” his new address and that his failure to file a
notice of change of address is an excusable negligence. Will the motion prosper.
Explain your answer.

No. Pressure and large volume of legal work provide no excuse for the inability to
exercise due diligence. Counsel cannot presume that respondent court will take
cognizance of any other addresses that he may use in his pleadings, or assume that a
given address is his residence, for unless he files a notice of change of address, his
official address remains to be that of his address of record. It may well be a
temporary address or just one of the many offices maintained by counsel. At most, it
merely indicates (as was held in Lopez, supra) that the pleading was prepared in and
mailed from said place and therefore does not supersede his address of record.
Moreover, notices of court processes are ordinarily taken care of by clerks, who are
naturally guided by addresses of record. To require the court and its personnel before
sending out the notices, to be continuously checking the record and the various
addresses from which a counsel may have filed his pleadings and sending them to
such address(es) instead of his address of record which is duly recorded on the cover
of the Rollo is to sow confusion and add an intolerable burden which is not permitted
by the Rules of Court. (PHIL SUBURBAN DEVT. CORP vs.CA, G.R. No. L-33448 Sept.17,
1980)

The SC have held time and again that notices to counsel should properly be sent
to his address of record in the absence of due notice to the court of a change of
address. As held in Lopez vs. Delos Reyes, the fact that counsel used a different
address in later pleadings "should not be taken as notice to the court of either a
change of address or of another address in addition to that which was already of
record."

For his failure to file a notice of change of address being an inexcusable

negligence, therefore, the Motion for Reconsideration of the resolution dismissing
the appeal and to set aside the entry of judgment should be denied and Final
Judgment should be entered.

2. What should a lawyerdo if he knows that he is not qualified or competent to handle a

case being referred to him for handling? Is the rule regarding the matter absolute?
Why?

The lawyer’s acceptance, whether for a fee or not, is an implied

representation that he possesses the requisite degree of academic learning, skill and
ability to handle the case. He is therefore directed in Rules 18.01 - not to undertake a
legal service which he knows or should know that he is not qualified to
render.However, he may render such service if, with the consent of his client, he can
obtain as collaborating counsel a lawyer who is competent on the matter.

Yes. Some cases involve specialized fields of law and require special training.
A lawyer should not accept an undertaking in specific area of law which he knows or
should know he is not qualified to enter. However well- meaning he may be, a lawyer
cannot ask another lawyer to collaborate with him in a particular case without the
consent of the client. The fiduciary nature of attorney-client relationship prohibits
this. (Aguirre) &(Agpalo)